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PESCH v. FIRST CITY BANK OF DALLAS

Civ. A. No. CA3-86-1371-D.

637 F.Supp. 1539 (1986)

Leroy A. PESCH, M.D., Plaintiff, v. FIRST CITY BANK OF DALLAS, Republic Health Corporation, and Credit des Bergues, Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 27, 1986.

Attorney(s) appearing for the Case

Tom Bayko and James A. Jones, of Holtzman & Urquhart, Houston, Tex., and Michael W. Ford and Jonathan R. Nelson, of Chapman & Cutler, Chicago, Ill., for plaintiff.

Stephen S. Maris, of Passman & Jones, Dallas, Tex., for First City Bank of Dallas.

Stephen Cormac Carlin, of Johnson & Swanson, Dallas, Tex., for Republic Health Corp.

Alan W. Harris, of Andrews & Kurth, Dallas, Tex., and Donald F. Luke, of Rogers & Wells, New York City, for defendant Credit des Bergues.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

Leroy A. Pesch, M.D. ("Pesch"), plaintiff, applies for a preliminary injunction to prevent the transfer of 210,000 shares of stock of Republic Health Corporation ("Republic") to defendant, Credit des Bergues ("CDB"). The application is before the court on memoranda and Fed.R.Civ.P. 43(e) affidavits. The court assumes, without deciding, that Pesch has demonstrated all the requisite elements of Canal...

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